The Supreme Court Judge, Justice B V Nagarathna, on Sunday underscored the need for specialised mediators to address the environmental disputes and for sustainable environmental solutions and resolving the company matters in this Intellectual Property Rights (IPR) régime.
Stating that mediation is the process to serve human conflict by law, Justice Nagarathna, addressing the National Mediation Conference being held here, emphasised that elimination of fear factors and enhancing the flexibility in the process make mediation easier.
Other dignitaries who participated in the discussion were Justice Jayant Banerji of the Karnataka High Court; Birendra Saraf, Advocate General, Maharashtra; Praful N Bharat, Advocate General, Chhattisgarh; and senior advocate Jawad A J. They stressed the lawyers’ efficiency in mediation and laid emphasis on professional training to lawyers for the mediation process. They also focused on the proper institutional framework for the future of mediation.
The Interactive session–II on the 2nd day of the Conference focused on enhancing the ecosystem for mediation in India. This session deliberated upon sector-specific mediation and skill & process-orientation.
This session was chaired by Justice Nagarathna of the Supreme Court and Co-Chaired by Justice N Kotiswar Singh, SC, and Justice Gurmeet Singh Sandhwalia, Chief Justice, High Court of Himachal Pradesh.
Medication in resolving conflicts relating to land, water, healthcare, and medical negligence figured in the interactive session and panel discussion.
Balancing patient rights and institutional challenges, mediation in Intellectual Property rights, matters (IPR) related to Copyright, trademark, and patent disputes, through mediation, was discussed in detail.
Legal luminaries also emphasised the need for mediation in Corporate Governance sectors like Boardroom conflicts, shareholders disputes, and the start-up ecosystem, mediation in Public Policy & Government Contracts.
Bridging the gap between state authorities and private entities and restorative justice & mediation, applying mediation principles in criminal justice and juvenile cases, was also deliberated upon.
In the Skill & Process-Oriented Sector, mediation was emphasised in issues of psychology of conflict, understanding human behaviour, emotions, and negotiation strategies, negotiation & persuasion techniques.
Practical exercises for mediators, ethics, and confidentiality in mediation in handling sensitive information and drafting settlement agreements are of paramount importance to ensure enforceability and legal soundness, distinguished legal connoisseurs opined.